Judgment Search Results Home > Cases Phrase: dentists act 1948 section 27 term of office and casual vacancies Page 1 of about 13 results (0.070 seconds)

Dr. Binod Kumar Choudhary Vs. State of Bihar and ors.

Court : Patna

..... term of office and casual vacancies ..... dated 26-2-2005 of the petitioner made by the state government to the dental council of india in exercise of powers under section 6(1) of the indian dentist act, 1948 (hereinafter called 'the act').3. ..... to the provisions of this section an elected or nominated member shall hold office from the date of his election or nomination or until his successor has been duly elected or nominated whichever is longer.provided that a member nominated under clause (e) or clause (f) of section 3 shall hold office during the pleasure of the authority ..... question of any violation of principles of natural justice in not affording any opportunity to the nominated members before their removal not the removal under the pleasure doctrine contained in the fourth proviso to section 9 of the act puts any stigma on the performance or character of the nominated member. ..... statutory right to continue thereunder is negated by the statute itself when it waters down the period of nomination of a person under section 3(e) of the act to the pleasure of the authority nominating him. ..... innocuously in fact is explained in the counter affidavit, which explanation read with the file notings made available to the petitioner on his application under the right to information act demonstrates that the order was mala fide and was made at the behest of a political functionary consequent to the change of government. ..... it is necessary to set out the relevant extract of sections 3 and 6 of the act.4. .....

Monika Pahwa Vs. Director of Medical Education

Court : Karnataka

Reported in : ILR1996KAR845; 1996(6)KarLJ365

..... in the present case, it is not in dispute that the approved intake of the college is 60 which has been fixed by the university with approval of the state government keeping in view the infrastructure and year-wise teaching staff employed in the college as per the bds regulations framed by the dental council of india under section 20 of the dentists act, 1948. ..... sherin zafrulla, additional central government standing counsel appearing for the respondent dental council of india has strongly objected to the plea raised on behalf of the managements that under the provisions of the dentists act and the rules and regulations framed thereunder the managements can fill up any seat against the alleged backlog vacancies in excess of the permissible intake of the year concerned. ..... the report of the education secretary, the college management has sought to justify the said admissions on the following grounds:(i) 4 candidates have been admitted against the backlog vacancies; and (ii) 2 candidates have been admitted against the vacant payment seats on the presumption that these seats will revert to the management after the last date to be fixed in terms of para-9 of the scheme formulated in paragraph 170 (page 2250) of the unni krishnan's case (supra). 17. ..... sd/- director of medical education' annexure r-2 is another communication made to the college by the administrative officer of the common entrance test cell (for short, cet ceil) to the said effect. .....

R.K. Bali (Dr.) Vs. Union of India

Court : Delhi

Reported in : 2000IIAD(Delhi)673

..... gandhi for setting aside the election for the office of the president, the central government in exercise of powers conferred by section 5 of the dentists act, 1948 and regulation no. ..... dhruv mehta submitted that section 3(g) of the dentists act, 1948 does not speak of nomination by the director and the effect is, according to the learned counsel, the nominee does not become a member and, thereforee, the nominee acting on behalf of the director general of health services would not be entitled to vote. ..... (iii) section 6 of the act provides that an elected or nominated member holds office for a term of five years from the date of his election or nomination or until a successor has been duly elected or nominated, whichever is longer. ..... 'to elect the vice- president of the council in case vacancy is caused on account of election of the president of the council under section 7 of the dentists act'. ..... (2) an elected president or vice-president shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as member of the council, but subject to his being a member of the council, he shall be eligible for reelection.'38. ..... pa/ds(chs)eo/96 dated 6.11.96 in terms of orders of the hon'ble high court of delhi.i will see you in your office on the 9th instant at 4 pm, as fixed.with best wishes.'10. ..... this petition is disposed of in the above terms.let copy of the order be given dusty to counsel for the parties.'9. .....

Prof. Dr. J.R. Sabharwal, Vice Principal Vs. Union of India (Uoi) and ...

Court : Delhi

Reported in : 160(2009)DLT344

..... purinew delhi - 110018subject: reference under section 5 of the dentists act, 1948 read with regulations 20 of the dental council (election) regulations, 1952 for challenging the election process dated 25.08.2008 notified by the returning officer, dental council of india under section (c) of section 3 of the dentists act, 1948 - regarding.sir,in continuation of this ..... writ petitioner challenges an order dated 18.03.2009 whereby a reference under section 5 of the dentists act, 1948 and regulation 20 of the dental council (election) regulations, 1952 questioning ..... section 3(c)(a) of the dentists act, 1948 mentions about various posts likeprincipals, deans, directors and vice-principals, whereas the dci regulations 1983 inter alia, envisage that the principal/dean should have the same qualifications as ..... court is in conformity and not subversive of provisions of the dentists act, 1948.13. ..... 2007; the copy of an identity card issued by dci as well as certain other documents, including a letter issued by the dci on 18.08.2006 indicating the petitioner's role in a programme and lastly, the previous election process which took place on 21.05.2003 whereby he was permitted to hold himself out as a candidate on the basis of his status as vice-principal which led to his election. ..... extract the impugned order, which is in the following terms:f.no.v.12013/3/2006-degovernment of indiaministry of health and family welfare(dental education section)nirman bhawan, new delhidated the 18 march 2009dr. .....

R.V. Dental College Etc. Vs. Union of India (Uoi) and anr.

Court : Karnataka

Reported in : AIR2001Kant302; ILR2001KAR3502

..... : section 10c of the dentists act, 1948, deals with institutions established after the 1st day of june, 1992 and on or before the commencement of the dentists amendment act, 1993 ..... the introduction of sections 10a, 10b and 10c in the dentists act, the petitioner-college submitted to the central government on 4th of april 1994 what it considers to be a scheme in terms of sections 10a and 10c of the act. ..... of india in terms of section 10(2) of the dentist act that dental qualifications awarded by bangalore university and three other universities in the state of karnataka were recognised only by reference to the institutions mentioned in the ..... institution established between 1-6-1992 and 27th august, 1992, was in terms of section 10c required to file a scheme under section 10a within a period of one year from the commencement of the dentists amendment act, 1993. ..... far as the question of delay is concerned, it was argued on behalf of the college that since the regulations prescribing format of the scheme to be submitted in terms of section 10a were not published in the official gazette, till september, 1993, the question of the colleges submitting such schemes within a period of one year from the date the amendment act, came into force did not arise. ..... and3) are the qualifications acquired by those admitted between 1992 and 1996 recognised dental qualifications in terms of section 10 of the dentists act, entitling them to seek admission to or continue in the post graduate courses in dental .....

Indian Dental Association, by Its Secretary and anr. Vs. Union of Indi ...

Court : Karnataka

Reported in : ILR2003KAR4564; 2004(1)KarLJ282

..... . the fourth respondent is not a university established under law for the purpose of section 3(d) of the dentists act, 1948 and they are not entitled to be included as a constituency under section 3(d) of the dentists act, 1948 and their inclusion is null and void ..... . therefore, my answer to the question raised above is as under:though the fourth respondent is a deemed university under section 3 of the university grants commission act, 1956 it does not fall within the phrase 'university established by law' used in section 3(d) of the dentists act, 1948 and therefore they have no right to send their representative in the constituency carved out under section 3(d) of the dentists act to the council.27 ..... territory, and at leasttwo shall be dentists registered in part b of a stateregister;(g) the director general of health services, ex officio;provided that pending the preparation of registers the state governments may nominate to the first council members referred to in parts (a) and (e) and the central government members referred to in part (f) out of persons who are eligible for registration in the respective registers and such persons shall hold office for such period as the state or central government may, by notification in the official ..... . the language used in section 3(d) is plain and it conveys the intention of the legislature in unmistakable terms, i.e .....

Lovely Joseph Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1997Kant269; ILR1997KAR424

..... venkateshwara dental college, bangalore, in which the petitioner has sought admission to bds course in question, has been disapproved by the central government in terms of section 10c and 10a of the dentist act, 1948. ..... that approval of admission of the petitioner by the university will be subject to the provisions of section 10b of the dentist act as and when invoked in accordance with regulations framed thereunder.8. ..... dentist act, amounts to refusal of granting permission for starting a new dental college in terms of section 10a of the act ..... 20 of the dentist act, 1948, provides for the following eligibility criteria for admission to the bds course:' a) the candidate has completed the age of 17 years at the time of admission traumatized will complete this age on 31st ..... dentist act, 1948 ..... like petitioner who have been admitted in the college without having the required statutory infrastructure for imparting bachelor courses in dental sciences may have to face the consequences incorporated under section 10b of the dentist act. ..... . the special officer, common entrance test cell, pursuant to the order dated 2-9-1996 passed in the present proceedings has categorically admitted that (i) the science graduates are entitled to appear at the cet test and (ii) there is no bar under the rules which disentitled such graduates simultaneously to avail both the process of admission, namely, through cet test and by making application directly to the respective directors of medical and technical .....

Dental College and Hospital Vs. State of Bihar and ors.

Court : Patna

..... from regulation 1993 it appears that the dental council of india in exercise of its power conferred by section 10-a read with section 20 of the dentists act 1948, with previous approval of the central government made certain regulations governing the dental colleges.6. ..... it is not in dispute that the college in question was granted affiliation by the university in the year 1992 and thereafter the college applied for recognition by the central government as per the provisions of the dentists act 1948.11. ..... prior to the regulation 1993 there was no provision under section 10-a of the dentists act enabling the applicant to obtain essentiality certificate from the concerned state or the union territory and obviously, therefore, this regulation was introduced by way of regulation of 1993 with specific stipulation under clauses 3 and 4.10. ..... was entertained but certain queries were made by the impugned communique by the central government stating therein that the dental college does not fulfil the conditions laid down for exemption of applicability of provision of section 10-a of the dentists (amendment) act 1993 and on that ground its representation was rejected. ..... the petitioner thereafter applied before the central government for necessary direction to the dental council of india to inspect and submit its report and thereafter grant recognition in terms of the provisions of the dentists (amendment) act, 1993. .....

Dental Council of India Vs. S.R.M. Institute of Science and Technology ...

Court : Supreme Court of India

Reported in : AIR2004SC2057; 2004(3)CTC582; JT2004(4)SC369; 2004(4)SCALE184; (2004)9SCC676; (2004)3UPLBEC2419

..... cannot now complain against the final order directing it to forward its report to the central government and the dental council of india is bound to forward its report with its recommendations to the government of india in terms of section 10a(3) of the dentists act, 1948; that, the order made by the learned single judge is a consent order to which the union of india was a party and the dental council was only an advisory body which is bound to consider the scheme forwarded to it by the ..... establishment of new dental colleges or opening of higher courses of study and increase of admission capacity in dental colleges are governed by appropriate regulations framed by the dental council of india in terms of section 10a read with section 20 of the dentists act, 1948 with the previous approval of the central government. ..... permission or essentiality certificate by the state government has to be furnished along with application proposing to start a higher course in the dental college; that the dental council is a statutory body constituted under the dentists act and has been attached with statutory duties and hence ought to have been impleaded as a party in the proceedings; that when the permission or essentiality certificate had to be given by the state government with certain obligations arising thereunder such as assessment of the ..... the scheme relating to section 10a(2)(a) and (b) of the dentists act is set out in the regulations itself. .....

Dental College and Hospital of the Vidarbha Youth Welfare Society and ...

Court : Mumbai Nagpur

..... section 10a read with section 20 of the dentists act, 1948 (16 of 1948), has framed rules called as dental council of india (establishment of new dental colleges, opening of new or higher course of study or training and increase of admission capacity in dental colleges) regulations, 2006 (the regulation) which deals with various aspects concerning infrastructure, rules, regulations, curriculum and related issues for the study ..... new or higher course of study or training, would be in a position to offer the minimum standards of dental education in conformity with the requirements referred to in section 16a and the regulations made under sub-section (1) of section 20; (b) whether the person seeking to establish an authority or institution or the existing authority or institution seeking to open a new or higher course of study ..... to your letter dated 25th april, 2011 accepting the terms and conditions contained in this ministry's letter of even number dated 31.03.2011 and furnishing therewith a performance bank guarantee no.674 dated ..... act need to be respected but, in situation like this where the positive case is of compliance and there is provision of regular inspection by the officers, that process itself means no say of petitioner and/or similarly placed persons, for want of provisions, even at the time of preparing the report by dci and even at the time of taking decision by the uoi while passing the order, certainly affects the legal rights of the petitioner and the present .....